You're absolutely right -- it's not really the genesis per se on #2, just one of the modern weapons used. Civil rights act is one of the main weapons used today to explain why we can't wind back interstate commerce clause, creating a sort of legal suicide pact where the interstate commerce clause interpretation is held hostage if you want to keep your civil rights. That is, the CRA was arguably one of the most important things for double sealing the deal on progressive era expansion of the ICC.
Many times here on HN I have debated people who were well versed on constitutional law, and when I mention rolling back the interstate commerce clause one of their main go to is that they're afraid I will destroyed the CRA and that's why they can't do it. And they're right -- a nearly identical on many points CRA happened in 1875 as the one passed in 1964. The 14th and 15th amendment existed at both times, and the relevant points of the constitution stayed the same. Yet the latter was found constitution and the former was not, in large part due to the change in the meaning of the interstate commerce clause.
> when I mention rolling back the interstate commerce clause one of their main go to is that they're afraid I will destroyed the CRA and that's why they can't do it
I'll be honest, I've literally never seen this argument in any hall of power. And I know quite a few folks who believe in overturning Wickard.
The CRA, as currently interpreted, is more than fine on equal-protection grounds.
Overturning of CRA of 1875 ruled equal protection under 14th amendment doesn't bind private actors, that's why the CRA of 1964/68 depending on expanded ICC. The equal protection amendments (basically the 14th) of relevance haven't changed since the overturning of the 1875 CRA.
The Reconstruction era ended with the resolution of the 1876 presidential election, and the Civil Rights Act of 1875 was the last federal civil rights law enacted until the passage of the Civil Rights Act of 1957. In 1883, the Supreme Court ruled in the Civil Rights Cases that the public accommodation sections of the act were unconstitutional, saying Congress was not afforded control over private persons or corporations under the Equal Protection Clause. Parts of the Civil Rights Act of 1875 were later re-adopted in the Civil Rights Act of 1964 and the Civil Rights Act of 1968, both of which cited the Commerce Clause as the source of Congress's power to regulate private actors.[]
of particular note: were later re-adopted in the Civil Rights Act of 1964 and the Civil Rights Act of 1968, both of which cited the * Commerce Clause as the source of Congress's power to regulate private actors.
Many times here on HN I have debated people who were well versed on constitutional law, and when I mention rolling back the interstate commerce clause one of their main go to is that they're afraid I will destroyed the CRA and that's why they can't do it. And they're right -- a nearly identical on many points CRA happened in 1875 as the one passed in 1964. The 14th and 15th amendment existed at both times, and the relevant points of the constitution stayed the same. Yet the latter was found constitution and the former was not, in large part due to the change in the meaning of the interstate commerce clause.